Text
Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
[criminal history] On August 7, 2008, the Defendant was issued a summary order of KRW 700,000,000 as a crime of violating the Road Traffic Act (drinking) at the Cheongju District Court’s Assistance, and a summary order of KRW 1 million as a fine in the same court on November 27, 2009, respectively.
[Criminal facts] On August 18, 2017, the Defendant driven BM5 car under the influence of alcohol content of about 0.06% from a 100-meter section from the front of the Yang cafeteria cafeteria located in the same Eup to the front road of the Yang Cheongwon in the same Eup/Myeon, where the name of the Defendant was located in Geumcheon-gu, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Notification of the results of regulating drinking driving;
1. A report on the detection of a primary driver;
1. The driver's license ledger and the driver's license ledger;
1. Request for appraisal and response to a request for appraisal;
1. Each investigation report (main driver's circumstantial report and hearing of suspect's statements);
1. Previous convictions: Application of Acts and subordinate statutes to inquire into criminal history, report on investigation (report on the result of confirmation of the previous convictions of the disposition and report on the date of release);
1. Articles 148-2(1)1 and 44(1) of the Road Traffic Act (the point of drinking), the choice of a fine (the defendant was punished twice due to drinking in 2008 and 2009, but was punished twice due to drinking in 2009) on criminal facts, and thus, the risk of recidivism is likely.
However, in light of the fact that the Defendant made a confession of all of the instant crimes and reflects the depth of the instant crimes, the Defendant was not subject to any criminal punishment other than two-time fines due to driving under drinking, and that the Defendant was not punished due to driving under drinking for about eight years after being sentenced to a fine in 2009, the Defendant may again be punished by a fine once, taking into account the fact that there seems to be room for improving the habitle of driving under drinking, even if he
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.